We find that the fatal shooting climaxed a continuing half hour disagreement between the deceased and appellant concerning a motorbike. Appellant had called the police to complain about the noise from a motorbike being ridden by deceaseds son. The deceased and appellant were neighbors. An officer was dispatched at 5:05 p.m. to the appellants home. After arriving, the officer, appellant and his wife met with the deceased and his wife. The deceased stated to appellant, "Come on out in the alley and lets settle it out here." Appellant and his wife went into their home and deceased and his wife left for the alley to watch their son riding in a vacant lot. The officer explained to appellant that he could not stop the boy from riding the bike. He then pulled his car around to the alley and called for additional help.
